(a) In case of permanent vacancy in the House of Representatives, the Governor shall call for a special election to fill that vacancy, the special election to occur within 60 days of the date the election call is issued. However, if any vacancy occurs within 3 months of the next regular election, no special election may be held and the Governor shall appoint a qualified person to fill that vacancy. Prior to appointing the person, the Governor shall consult with the county chief or county chiefs in the representative district concerned. A person elected to fill a vacancy or appointed by the Governor to fill a vacancy holds office during the remainder of the term of his predecessor.

(b) In the case of permanent vacancy in the seat of Delegate to the United States House of Representatives, the Governor shall call for a special election to fill that vacancy, the special election to be held within 90 days of the date the election call is issued. However, if any vacancy occurs within 6 months of the next general election, no special election may be held. Prior to appointing the person, the Governor shall consult with the District Governors of the Eastern District, Western District and Manu’a. A person elected to fill a vacancy or appointed by the Governor to fill a vacancy holds office during the remainder of the term of his predecessor.